Et UxorAs I read those words at the end of the title of a newly issued case from a federal appeals court in California, my high school Latin came flooding back to me and I got teary-eyed. Black’s Law Dictionary defines the term “Et uxor” as “And his wife.” Except in this circumstance, the court used it (appropriately) to mean “And her wife.” Times have changed, even for the federal judiciary. The case is about Karen Golinski, who works as a staff attorney for the United States Court of Appeals for the 9th Circuit, which covers appeals from federal courts in nine western states. She and her long-time partner, Amy, married in California in 2008. Once married, Karen asked her employer to add her wife to the health care plan. When the federal court system told her Amy wasn’t eligible because their marriage wasn’t recognized by the federal government, she filed a complaint with the court system, with help from Lambda Legal and the law firm Morrison & Foerster. They pointed out that the refusal to recognize Karen and Amy’s valid California marriage violated the court’s internal policy of not discriminating based on sex or sexual orientation. This week, Alex Kozinski, Chief Judge of the 9th Circuit, issued a new opinion in this dispute, stating once again that Karen is entitled to receive health care coverage for her wife, just like any other lawfully married employee of the federal courts. But this time, he added “Et Uxor” to the caption of the case, so that it reads "IN THE MATTER OF KAREN GOLINSKI, ET UXOR", reflecting in yet another way the federal court’s recognition of the validity of Karen and Amy’s union. And throughout the decision, the Chief Judge refers to Amy as Karen’s wife. The merits of the decision are important — guaranteeing employees of the federal court system equal pay for equal work — but the court’s linguistic respect for their relationship is also a milestone.
Honoring Those We’ve Lost, Fighting for Those Still HereToday marks the 11th Annual Transgender Day of Remembrance, a day to honor those among us whose deaths were a result of prejudice against transgender people. The day serves as a sad reminder that, as much as we are moving towards tolerance and societal acceptance of transgender people, physical violence continues to be a threat in our communities. But with last month’s passage of the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act, perhaps we have reason to hope that next year we’ll have fewer victims to mourn. This new law, which expands the definition of violent federal hate crimes to those committed because of a victim’s sexual orientation, gender, disability or gender identity, will not only protect LGBT people in the United States, but also serves as an example for other countries hoping to deter anti-gay and anti-trans violence. As part of the ACLU LGBT Project’s transgender advocacy efforts, we recently released an updated version of our Know Your Rights: Transgender People and the Law resource. We are also in the process of creating a new Know Your Rights resource for transgender youth that will provide guidance about how to deal with discrimination in school. This resource will address questions such as, “Do I have a right to be out as transgender at school? If I’m out, can my school tell my parents?” and “Can my school force me to wear clothing that’s traditionally masculine/feminine?” We’re looking for trans youth who have experienced discrimination in school and who would be interested in being interviewed for an online video that will be used to help us get the word out about this new student-focused resource. If you’re interested in working with us, please contact us here, or by calling 212.519.7835.
Gay Marriage in N.J.: Which Side of History Will You Be On?(Originally posted in the New Jersey Star-Ledger.) As our state legislature gears up to vote on marriage equality in the lame-duck session, we have one question for lawmakers: Which side of history do you want to be on? A state commission last year found that gay and lesbian families suffer because civil unions are not equal to marriages. Many people in the state fail to understand that civil unions do not keep the promise to same-sex couples that their rights will be the same as married couples in areas like health care, taxes, retirement and of course social recognition. Every aspect of life is affected. Recent polls — including a 2009 Gannett-Monmouth University poll — show that more New Jerseyans support same-sex marriage than oppose it. Each day, more people throughout America believe in marriage equality. Young Americans increasingly accept gay people and support their rights, including the right to unite in marriage. Struggles for civil rights, including the ACLU's 1967 fight for interracial marriage in Loving vs. Virginia, inevitably end on the side of securing rights rather than restricting them. Marriage equality is inevitable. The question is whether New Jersey legislators will live up to our nation's vision of equality and justice by recognizing gay families or turn their backs on progress as well as fairness. The level of support for marriage equality in New Jersey ensures that legislators will not pay a political price for embracing equality. Indeed, opposition will put them in the company of people like George Wallace and William Fulbright, who lived to regret, and reverse, their opposition to laws ensuring racial equality. Strom Thurmond signed the Southern Manifesto opposing school desegregation, as did Fulbright, and filibustered for a full 24 hours to stop the Civil Rights Act of 1957. Despite his lifelong track record of racism, Thurmond later voted to extend the Voting Rights Act and to create a holiday in celebration of Martin Luther King's birthday. If history's lessons and today's polls aren't enough to convince fence-sitting legislators, they need not look further than New Jersey's largest city to see gains in public acceptance. Despite a perception that African-American communities balk at gay rights and marriage equality, Newark's Mayor Cory Booker has become one of our state's most vocal advocates for equal rights and creating an environment that has allowed diversity to flourish. At City Hall, Booker raises a pride flag in June and performs civil unions on Valentine's Day. But more substantively, he recently formed a commission to advise him on issues in the lesbian and gay community, and he helped pave the way for an after-school program that will serve as a safe harbor for lesbian, gay, bisexual and transgender youth. He has not experienced political backlash. He has instead earned the respect and support of New Jerseyans across political parties and communities, because gay couples and their loved ones vote, pay taxes and contribute to the economy, and they favor the officials who favor their rights. After an eight-year debate and an inadequate civil union compromise, the time has come for marriage equality in New Jersey. Marriage equality offers benefits to all New Jerseyans, and not only the benefits of social equality — it benefits our state's bottom line. Same-sex marriage would result in immediate cash flow in a state with a balance sheet billions of dollars in the red. Gay couples would flock to New Jersey to celebrate their marriages in beautiful shore towns and mountain vistas. They would move to New Jersey, bringing their tax dollars and brainpower with them. Our legislators must consider what they want to tell their grandchildren — that they sided with human rights and dignity for families, or that they sided with discrimination, disenfranchisement and denial of essential rights. If history is any indicator, the future is clear — the legislators who vote for marriage will look back with pride because they moved our state forward. The ones who vote against it will be remembered as latter-day Strom Thurmonds, who fostered injustice instead of equal rights. Lawmakers shouldn't vote in the spirit of a prejudiced past, they should vote with history for a future of equality. Take Action: Tell New Jersey's legislators they can be on the right side of history by supporting the right of gay and lesbian couples to marry.
Victory in Washington: Domestic Partnerships Win the Popular VoteAlthough the ballots are still being counted, last night news outlets called Washington State’s domestic partnership referendum in our favor! As of late Thursday, we were wining by 52 to 48 percent, a deficit the Seattle Times called “insurmountable” for the opponents of gay rights. Our success is exciting on a number of levels. First, because it means the benefits offered to domestic partners in Washington will be expanded to include all the same protections offered to married couples. It’s also a larger symbolic win — Washington is now the first state in the nation where same-sex relationship protections have been affirmatively approved by voters. And it’s a victory for organizing. Between the date the referendum was put on the ballot and Election Day, the Approve Referendum 71 campaign had only two months to educate and mobilize voters. Even with this condensed timeline, the campaign was successful in building a broad coalition of community faith, labor and business groups, and winning endorsements from newspapers across the region and from leading Northwest businesses including Google, Microsoft and Starbucks. It’s also exciting to look at this victory in terms of how far we’ve come in winning popular support for LGBT rights in Washington State. As Lurleen on Pam’s House Blend points out, the last time Washington voted on LGBT rights in 1997, on an initiative that would have created an employment non-discrimination law, garnered only 40 percent of the vote. Since then, Lurleen notes, nearly every Washington county has shown an increase in pro-equality voting. That’s terrific news — but we still have a long ways to go. As demonstrated by the county-by-county results for Ref. 71, support for domestic partnerships, while strong in the urban, coastal areas of the state, fell off significantly on the east side of the Cascades.
I had the opportunity last month to film a series of videos for the Ref. 71 Campaign that featured the personal testimonials from Washington domestic partners, and in shooting the ads, I intentionally searched for testimonials from less urban parts of the state. If we’re going to move forward in the fight for equality, we can’t just rely on King County. We need to start winning hearts and minds in the rest of the state. Voters in Eastern Washington need to understand that gay and lesbian families live and take part in these communities as well. Like Cindy and Janet from Richland, their kids go to the local public schools. Like Diane and Marge from Spokane, they work at your city paper and enjoy gardening. They are your small-town family doctor and school nutritionist, like Julia and Kari from Yakima. And like Clarkston residents Cathlin and Avril, they find consolation in their faith to cope with health problems. Our victory on Referendum 71 ensures protections for these couples, and the thousands of other domestic partners in Washington State. On a personal note, I’m really proud of my home state for voting to expand LGBT rights and I hope we can harness this momentum to keep organizing for full equality.
Senate to Hold Landmark ENDA Hearing — ACLU to Tweet LIVE!Tomorrow morning at 10 a.m., the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing on the Employment Non-Discrimination Act (ENDA). This will be the first Senate hearing on ENDA since 2002. The legislation would help to ensure workplace equality by protecting LGBT workers from employment discrimination. This will be the first time in the 111th Congress that the Senate has held a hearing on this critical legislation. Especially noteworthy will be the testimony of Assistant Attorney General for Civil Rights Tom Perez, his first since being confirmed by the Senate for his post. Assistant Attorney General Perez will testify on behalf of the Obama administration in support of the legislation. Readers can watch the hearing live via webcast. Additionally, we will be providing live, play-by-play tweets from the hearing on our Twitter page at http://twitter.com/aclu. It’s bound to be an exciting morning. Be sure to tune in. We’ll be sure to provide a post-hearing summary on our blog later in the day.
Tags: enda
One Big Disappointment, Lots of VictoriesI’m not going to try to spin it: Our loss in Maine yesterday, where voters rejected a law that would have given same-sex couples the right to marry, was deeply disappointing and discouraging. All of us here at the LGBT Project started yesterday hopeful and were further encouraged by reports that turnout was well above what was expected. But as the early returns showing No on 1 with a slight lead turned into a 30,000 vote lead for the Yes side, I had to concede that we’d lost (though I did keep hitting refresh on the Bangor Daily News results page until the wee hours of morning). Now I’m here, dejected, eating consolation donuts provided to us by our friends in the Reproductive Freedom Project and wondering when and where we will finally get that first victory for marriage at the ballot box. But part of me can’t help but be excited about the many victories we had yesterday, in races big and small, that prove we’re making progress toward LGBT equality. Washington Approval of Washington’s Referendum 71 is NOT a done deal (don’t believe everything you read on the Internet), but with over a million votes counted, our side does have a 20,000 vote lead. The state estimates that it has almost 400,000 ballots still left to count. Add to that any ballots postmarked yesterday but still in the mail, which will also be included in the final tally. The bulk of the ballots uncounted are coming from the more liberal counties, so we’re hopeful that R-71 will be approved, which will give Washington’s domestic partners the tangible rights given to married couples there, although still not the status and respect that comes with marriage. Kalamazoo In spite of transphobic fear mongering from opponents of equality, Kalamazoo’s anti-discrimination ordinance was retained by the voters in a landslide, with 62 percent in favor. In addition, all six city commissioners who voted for the ordinance were re-elected (the seventh did not run for re-election). This victory, in concert with last year’s victory in Gainesville, Florida, is repudiating the anti-trans scare tactics used by our foes. Voters see through these misleading messages and vote against discrimination anyway. Municipal Elections There were some major victories for LGBT candidates in municipal elections last night. Annise Parker, an openly lesbian candidate, came in first in the race for mayor of Houston, the country’s fourth largest city. She and the second place finisher will advance to a run-off. In a squeaker, it appears that Mark Kleinschmidt, an openly gay man, has been elected mayor of Chapel Hill, North Carolina. Detroit, St. Petersburg, Akron, Maplewood, Minnesota, and SALT LAKE CITY all elected their first openly gay or lesbian city council members. Think about that last one for a minute. Salt Lake City, home of the headquarters of the Mormon Church, elected their first openly gay city council member. If that’s not a sign of progress, I’m not sure what is. Maine In Maine, despite amazing efforts by the No on 1 campaign and a host of coalition partners (including us!), we lost. Ballots outstanding and a potential recount could tighten the margin of defeat, but will not change the outcome. Rumors of low voter turnout in Portland and the youth vote not materializing abound, but the truth is that no one knows what happened yet, and we won’t for at least several days. What we do know is that this is just round one. For those who don’t know the history, Maine voters also rejected an LGBT nondiscrimination law twice at the ballot box before passing it in 2005. In that multiyear effort, Maine leaders stayed committed to the values of equality and fairness, working and reaching out until the voters got it and agreed. That will happen again in Maine. Opponents of marriage equality may be victorious today, but they should know we haven’t given up. We will be back. Even with lots of victories, a defeat is a defeat. Take today to lick your wounds. I know I’m going to. But don’t take too long, because tomorrow there’s a Senate hearing on ENDA (more on that in a post later today) and we all need to be back in the game for that one. There’s just too much going on to spend a lot of time on the sidelines. Every face-off, even the ones we lose, gets us closer to equality. We will get there. You can count on it.
Why ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLUWhy ENDA Matters: True Stories of Anti-LGBT Employment Discrimination from the ACLU (This post originally appeared on The Bilerico Project.) To illustrate why Congress must pass the Employment Non Discrimination Act (ENDA), a federal law that would ban discrimination against lesbian, gay, bisexual, and transgender people in the workplace, we will be posting the firsthand accounts of people from across the nation who have been fired, refused a job, or harassed in the workplace because of their sexual orientation or gender identity. This summer the ACLU put out a call for stories, and these are just a fraction of stories we received. Laura Elena Calvo of Portland, Oregon From 1980 to 1996, I worked for the Josephine County Sheriff's Office in Grant's Pass, Oregon. At the end of my employment, I held the rank of Sergeant, although, during the course of my employment, I was promoted often and worked in a variety of capacities including as a S.W.A.T. team commander and a detective in both the Major Crimes Unit and the Narcotics Task Force. During my 16 years at the Sheriff's Office, I received numerous commendations, including commendations for removing an automobile accident victim from a burning vehicle, delivering a baby alongside a roadway, disarming an armed man intent on harming himself, and for the expertise and diligence shown in a number of complicated criminal cases. I was named Deputy of the Year in 1994, and I also taught law enforcement classes at Rogue Community College and at the Oregon Police Academy. Apart from a distinguished employment record and career in law enforcement, from my earliest recollection at about age four, I felt I was very different than other boys. I would have preferred to be born female. In my late teens, I felt the need to express my female gender identity, and I began to cross-dress in private. In the day, this sort of thing was shameful, confusing and considered counter-social. I compartmentalized that part of my identity, keeping it a very well-kept secret. I went out of my way to be sure that, when I did express my gender identity, it was such that it was very unlikely it would be discovered. I rented a storage locker in another city and another county where I kept my cross-dressing items. On Labor Day 1995, I was on duty in an extremely remote area of Josephine County searching for a fugitive when a police dog attacked me, penetrating the bones in my leg with its teeth. I suffered major blood and tissue loss, and my injuries required emergency surgery. After this incident, I was put on administrative leave until my leg could heal. Roughly a month after this attack, the storage unit I rented in Medford, Oregon, was broken into and the contents stolen. I was notified of the theft and requested to file a police report. Since this storage unit contained only my female effects and belongings, I felt I could not report the crime because I would need to provide a list of the stolen property. I also assumed the items would never be recovered anyways. However, within a week of the break-in, my immediate supervisor called me into the Sheriff's Office for a meeting. Instead of an office, I was brought into one of our interrogation rooms where I was informed that the Medford Police Department had recovered my stolen property alongside some railroad tracks. I was told that I was personally identified from very personal intimate pictures contained within the property and that these pictures had been seen by both Medford County and Josephine County officers. I was told by my supervisor that the Sheriff felt that I would no longer be able to perform my duties because of the fact I had been discovered to dress as a woman and that it would be a big mistake to try to come back to work. In the spring of 1996 after my leg had healed, I was ordered to travel to Portland for a psychiatric determination for fitness of duty. I went before a panel of doctors, selected by the Sheriff's Office, who determined I was not fit to return to work. I was informed that the Sheriff, in conjunction with the County's Risk Manager and Attorney, were in the process of putting together a settlement offer in return for my resignation. The direct impact of the discrimination I experienced has been devastating on so many levels. I don't have a college degree or any other skills except law enforcement. I tried working as a school bus driver and driving a senior citizen bus, but found the work unrewarding. I contacted attorneys, but they said I had no legal protections. Had employment non-discrimination laws been in effect, I likely would have continued serving the citizens of Josephine County to this day. William "Bart" Birdsall of Tampa, Florida I was hired in 1997 as a teacher and then a school librarian and medial specialist for the School District of Hillsborough County in Tampa, Florida. In July 2005, I was involved in protesting the dismantling of a gay pride book display at the local public library. I was quoted in the local paper saying that I was upset that the book display was prematurely taken down, both as a gay man and a school librarian. The school superintendent was concerned that I was quoted in the paper and proceeded to have my behavior reviewed by the school district's Professional Standards Office. Professional Standards decided not to punish me for taking part in protests but warned me not to bring the issue into the workplace. I have always taken my work very seriously, and to have my professionalism called into question was hurtful and upsetting. I continue to work as a school librarian and have always received satisfactory or outstanding marks on evaluations. I have lots of anger about the incident and my therapist says I show signs of post-traumatic stress. If you want to learn more about the ACLU's work to support ENDA, check out the letter the ACLU sent to the House Education and Labor Committee. And please urge your Representative and Senators to support the bill.
Seven Reasons to Vote Approve on R-71: Reason #7On November 3, Washington voters will have the chance to approve or reject R-71, a measure that will allow same-sex couples and unmarried opposite-sex seniors to access many of the rights and protections granted to married couples. We're counting down to Election Day with a series of seven videos, each a powerful illustration of why it's so important to approve R-71. Reason #7: Spokane domestic partners Marge and Diane Diane and Marge live in Spokane, Washington in a home with two dogs and a lovely garden. They have been together for thirty years and raised two children together. When their son was five, he fell off his bike and injured his hand. Marge rushed him to the hospital, but because he was Diane’s biological son and they lacked legal recognition of their partnership, the doctors refused to treat him until Diane could get off work. Vote APPROVE on 71 to ensure that Marge and Diane can both be parents to their kids. You can watch all seven videos and support the campaign here.
Seven Reasons to Vote Approve on R-71: Reason #6On November 3, Washington voters will have the chance to approve or reject R-71, a measure that will allow same-sex couples and unmarried opposite-sex seniors to access many of the rights and protections granted to married couples. We’re counting down to Election Day with a series of seven videos, each a powerful illustration of why it’s so important to approve R-71. Reason #6: Senior domestic partners Rose and Joe Rose and Joe live in Evans, Washington, a tiny community on the edge of the Lake Roosevelt in the farthest northeast corner of the state. Rose has a rare autoimmune disease and relies on Medicaid to help pay for the medications she needs. If she and Joe were to marry, she would lose this health care coverage. Their domestic partnership allows Joe to be with Rose during her frequent hospitalizations, and also gives him the ability to help make medical decisions if she is unconscious. Vote APPROVE on 71 to ensure that Rose and Joe will continue to able to care for each other. You can watch all seven videos and support the campaign here.
Seven Reasons to Vote Approve on R-71: Reason #5On November 3, Washington voters will have the chance to approve or reject R-71, a measure that will allow same-sex couples and unmarried opposite-sex seniors to access many of the rights and protections granted to married couples. We’re counting down to Election Day with a series of seven videos, each a powerful illustration of why it’s so important to approve R-71. Reason #5: Firefighters Penny and Karen and their son Calder Penny and Karen live in West Seattle with their son Calder. Both Penny and Karen are firefighters and, having seen colleagues seriously injured on the job, they know how dangerous their work can sometimes be. Knowing they have domestic partnership protections helps ease the fear, guaranteeing that if one of them were to be injured on the job, the other partner would have hospital visitation rights and would receive support from the fire department. Vote APPROVE on 71 so Penny and Karen will know they are protected while they’re protecting their community. You can watch all seven videos and support the campaign here. |
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